What the Law Requires: Each governor must establish a state workforce investment board to help design, implement and provide oversight of the new workforce development system. Boards in existence on December 31, 1997 can be retained. However, if states modify the structure of existing boards, they will be subject to the provisions of WIA.

The state board (SWIB) must include in its membership:

• The Governor

• Two members of each chamber of the State legislature appointed by the presiding officer of each such chamber

• Representatives of business in the State (such representatives must comprise a majority of the members of the board and the chairperson must be elected from this among group)

• Representatives of labor organizations, who have been nominated by State labor federations

• Representatives of individuals and organizations, who have experience with respect to youth activities

• Representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities (e.g. chief executive officers of community colleges and community based organizations within the state)

• Local chief elected officials (CEOs)

• The lead State agency official responsible for carrying out "one-stop" operations (or, in any case where there is no such official responsibility, a state official with expertise relating to such operations)

• Other representatives and State agency officials as the Governor may designate (e.g. State agency officials responsible for economic and juvenile justice programs in the State)

Labor's Perspective: Although the JPTA requirement that state boards have 15% representation from organized labor has been eliminated, labor representation is still required. "State labor federations" are to nominate labor representatives to the state workforce investment board. To assure effective representation, the labor movement should seek the following:

• at least two labor representatives on the state board

• grandfathering of boards with greater labor representation, including tripartite boards (where they exist)

• early consultation by the governor with state labor federations to discuss and establish a process for the nomination of labor representatives

• procedures that will institutionalize the process for subsequent nominations of labor representatives

• policies that will support the full participation of labor representatives on the state board as well as strong linkages with all unions within the state.

• consultation with business associations representing signatory employers to facilitate the appointment of union employers to the board

• consultation with leadership of the state legislature to assure that state legislators who understand labor's perspective are appointed to the board

• contact with signatory employers and their trade associations, statewide advocacy organizations, public agencies, elected officials who have a track record of working with labor on economic and social issues to discuss their participation in state policy-making

• development of WIB procedures that will facilitate greater equity in decision-making, including :

• a "super-majority" for all major board actions
• bi-partite or tri-partite executive committees
• consensus models for decision-making
• strong conflict of interest requirements
• open meetings and public review of all board decisions.

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